JA - Carousel Maint and Software rw.pdf

CUI//SP-PROCURE//DL ONLY

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

V 1.6 (20 December 2023)

DISTRIBUTION: DoW COMMUNITY ONLY

MEMORANDUM TO THE FILE

Subj: DETERMINATION THAT ONLY ONE SOURCE IS REASONABLY

AVAILABLE FOR A FAR PART 13 ACQUISITION UNDER THE SIMPLIFIED

ACQUISITION THRESHOLD -CAROUSEL AND SOFTWARE MSA

I. BACKGROUND:

1. FAR 13.106-1(b)(1)(i) states for purchases not exceeding the simplified acquisition threshold, Contracting Officers may solicit from one source if the Contracting Officer determines that the circumstances of the contract action deem only one source reasonably available (e.g., urgency, exclusive licensing agreements, brand-name or industrial mobilization).

2. As required by FAR 13.106-3(b)(3)(i), this memorandum explains the absence of competition for this acquisition, as only one source will be solicited for this requirement (or for a portion of the requirement) and the requirement (or portion of the requirement to be sole-sourced) is not expected to exceed the simplified acquisition threshold.

II. DESCRIPTION OF ITEM OR SERVICE:

MCRD Parris Island has automated the storage of Recruit personnel’s personal effects using horizontal carousels. The current software provides the level of automation desired, and MCRD contracted with Industrial Integration Services to develop and maintain this software with the EDGE Carousel Management Software. The carousels that are operated by this software needs to be services at least semi-annually and combining the Software Maintence and Carousel Maintence would save the government time and money for this requirement (estimate provided by IIS).

III. THE DETERMINATION FOR USE OF OTHER THAN FULL AND OPEN

COMPETITION IS BASED ON THE FOLLOWING (select all that apply):

A. _X__ ONLY ONE RESPONSIBLE SOURCE (select all that apply):

1. __X_ RESTRICTIVE RIGHTS. The source has established proprietary rights, limited rights in data, patent rights, copyrights or secret processes in the item or service required.

This sole-source acquisition is justified under the authority that the required supplies or services are available from only one responsible source, and no other type of supplies or services will satisfy agency requirements.

Controlled by: DON, USMC, I&L HCA Controlled by: Insert the name of the office creating the document (e.g., MCINCR RCO) CUI Category(ies): PROCURE Limited Dissemination Control: DL ONLY POC: Insert the name and phone number of the individual or office creating the document

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

V 1.6 (20 December 2023)

DISTRIBUTION: DoW COMMUNITY ONLY

Specifically, this restriction to a single source is based on established proprietary rights, limited rights in data, copyright, and secret processes inherent to the required system. IIS has created and modified EDGE Carousel Management Software that will incorporate a combination of picking, put-aways, and movement techniques between the carousels, in order to store the personal effects of training Recruits.

Because IIS is the sole developer and owner of the proprietary source code, algorithms, and technical data rights associated with the EDGE software, no other vendor has the legal authority or technical capability to modify, integrate, or maintain this specific system. Attempting to utilize a different vendor would require the complete ground-up redevelopment of the carousel management architecture. This would result in substantial duplicated costs for the Government that would not be recovered through competition, as well as unacceptable delays to the Recruit training pipeline.

Based on IIS's exclusive proprietary rights and unique modifications to the EDGE Carousel Management Software, IIS is the only source capable of meeting the Government's requirements to manage the software and also provide service to all required carousels.

2. ___ EXCLUSIVE LICENSING AGREEMENTS. The item or service is only available from the Original Equipment Manufacturer (OEM), or there is only one authorized distributor or technical representative for the OEM.

3. ___ OTHER REASONS. N/A

B. ___ BRAND NAME

Item required must be a brand name, product, or feature of a product, particular to one manufacturer.

C. ___URGENT AND COMPELLING. The supplies or services are of such unusual and compelling urgency that the Government would be seriously injured unless the agency is permitted to limit the number of sources from which it solicits bids or proposals. Urgent requirements are supplies or services that will result in a work stoppage, or are mission critical and the routine processing time would result in injury to the Government. The determination that the procurement for the above item/service is an urgent and compelling requirement is based on the following:

1. Date on which the requirement was first identified:

2. Required delivery date/period of performance:

Determination that Only One Source is Reasonably Available (Including Brand Name) – FAR Part 13 Acquisitions under the SAT

CUI//SP-PROCURE//DL ONLY

V 1.6 (20 December 2023)

DISTRIBUTION: DoW COMMUNITY ONLY

3. Explanation of why delivery/commencement of services by the date mentioned above is required: N/A

V. CERTIFICATIONS:

A. Technical / Requirements Certification: I certify that the facts and representation under my cognizance which are included in this justification are complete and accurate to the best of my knowledge and belief.

Signature Name (Printed) / Phone #

B. Contracting Officer Certification: I certify that this justification is accurate and complete to the best of my knowledge and belief.

Signature Name (Printed) / Phone #

Distribution List for DL ONLY Limited Dissemination Control

• MCFCS Personnel

• LB Personnel

• Procurement Team Personnel (to include but not limited to: Legal, Customers/Requirements Owners, Source Selection Personnel, Small Business Representatives)

• Any other individual designated by the KO